Advanced Search

Minimum employment law for workers

Original Language Title: Mindesturlaubsgesetz für Arbeitnehmer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Minimum wage law for employees (Federal Law on the Law of the Federal Republic of Germany)

Unofficial table of contents


Date of completion: 08.01.1963

Full quote:

" Federal Leave Act in the revised version published in the Federal Law Gazette Part III, outline number 800-4, the latest by Article 3 (3) of the Law of 20 April 2013 (BGBl. I p. 868).

Status: Last amended by Art. 3 sec. 3 G v. 20.4.2013 I 868

For more details, please refer to the menu under Notes


(+ + + Text proof applicable: 1.11.1974 + + +) 
(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation). Art. 20
G v. 6.6.1994 I 1170 mWv 1.1.1995 and Art. 109 No. 3 (a)
DBuchst. cc G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Holiday claim

Every employee shall be entitled to paid recreational holidays in each calendar year. Unofficial table of contents

§ 2 Scope

Workers within the meaning of the Act are workers and employees, and those employed for their vocational training. Employees are also persons who, because of their economic independence, are to be considered as employees-like persons; for the area of home work, § 12 applies. Unofficial table of contents

§ 3 Duration of the holiday

(1) The holiday shall be at least 24 working days per year. (2) All calendar days, which are not Sundays or statutory holidays, shall be considered as working days. Unofficial table of contents

§ 4 Time to wait

The full holiday entitlement will be acquired for the first time after six months of the employment relationship. Unofficial table of contents

§ 5 Partsleave

(1) The employee is entitled to one twelfth of the annual leave for each full month of existence of the employment relationship.
for periods of a calendar year for which he is not entitled to a full holiday entitlement in respect of the non-fulfilment of the waiting period in that calendar year;
if it retires from the employment relationship before the waiting period has been fulfilled;
if it leaves the employment relationship in the first half of a calendar year after the waiting period has been fulfilled.
(3) If, in the case referred to in paragraph 1, point (c), the worker has already received a holiday beyond the extent to which he is responsible, the latter shall be able to do so. Paid holiday pay is not reclaimed. Unofficial table of contents

§ 6 Exclusion of double claims

(1) The right to leave does not exist in so far as the employee has already been granted leave for the current calendar year by a previous employer. (2) The employer is obliged to do so at the end of the employment relationship. to issue an attestation for the holidays granted during the current calendar year, or to be issued with a certificate of leave. Unofficial table of contents

§ 7 Date, transferability and retribution of the holiday

(1) During the period of the holiday, the holiday wishes of the employee must be taken into account, unless their consideration of urgent business interests or holiday wishes of other employees, which are under social conditions Priority should be given to considerations of priority. Leave shall be granted if the worker is required to do so following a medical treatment or rehabilitation measure. (2) The leave shall be granted in a coherent manner, unless urgent operational or person-related Employees must make a division of the holiday necessary. If, for these reasons, leave cannot be granted in a coherent manner, and if the worker is entitled to leave more than 12 working days, one of the holiday parts must include at least twelve consecutive working days. (3) The holiday must be in the the calendar year shall be granted and taken. A transfer of the holiday to the next calendar year shall be permitted only if there are grounds for urgent business or in the person of the employee. In the case of transfer, the holiday shall be granted and taken during the first three months of the following calendar year. However, at the request of the employee, a part-leave on the basis of § 5 (1) (a) shall be transferred to the next calendar year. (4) The leave may no longer be granted in whole or in part because of the termination of the employment relationship, it is to be deducted. Unofficial table of contents

§ 8 Employment during the holiday

During the holiday, the worker shall not be allowed to work against the end of the holiday. Unofficial table of contents

§ 9 Disease during the holiday

If a worker is sick during the holiday, the days of incapacity for work, which have been proven by a medical certificate, shall not be counted on the annual leave. Unofficial table of contents

§ 10 Measures of medical care or rehabilitation

Medical care or rehabilitation measures must not be credited to the holiday, provided that the right to payment of the remuneration is based on the statutory provisions on the payment of pay in the case of illness. Unofficial table of contents

§ 11 holiday pay

(1) The holiday pay shall be based on the average earnings received by the employee in the last thirteen weeks preceding the start of the holiday, with the exception of the additional working earnings paid in addition to overtime. In the case of derisory increases not only of a temporary nature occurring during the calculation period or the holiday, the increased earnings shall be assumed. Reductions in earnings that occur during the calculation period due to short-time work, work outages or involvment of involvment in work shall not be taken into consideration for the calculation of the holiday pay. Non-cash benefits, which are not granted during the holiday, are to be paid in cash for the duration of the holiday. (2) The holiday fee is to be paid before the holiday is commended. Unofficial table of contents

§ 12 Holidays in the field of homework

The above provisions shall apply to persons employed in homework and to those who are treated in accordance with Article 1 (2) (a) to (c) of the Home Labour Act, for which the holiday scheme is not expressly excluded from equality. Exceptions to § § 4 to 6, 7 (3) and (4) and § 11 in accordance with the following provisions:
Home workers (Section 1 (1) (a) of the Heimarbeitsgesetz) and, in accordance with Article 1 (2) (a) of the Heimarbeitsgesetz (Heimarbeitsgesetz), equals received from their contracting authority or, if they are employed by an intermediate master, from the same in the case of a Entitlement to 24 working days a holiday charge of 9,1 from the hundred of the period from 1 May to 30 April of the following year, or until the end of the employment relationship earned pay before deduction of taxes and Social security contributions with no extra charge and without the pay loss on public holidays, the Loss of work due to illness and holidays to be paid.
If the claimer was not employed permanently during the calculation period, only as many days as the average daily earnings he usually has to pay, without prejudice to the right to holiday pay according to point 1, shall be given only as many days as the day. is included in the holiday pay according to point 1.
The holiday pay for the persons referred to in paragraph 1 shall not be paid until the last payment of the payment before the holiday is started.
(§ 1 (1) (b) of the Heimarbeitsgesetz) and in accordance with Article 1 (2) (b) and (c) of the Heimarbeitsgesetz ("Heimarbeitsgesetz"), employees are provided by their adjudicating entity or, if they are employed by an intermediate master, by the same as a separate holiday pay and to secure the holiday entitlements of the employees, an amount of 9,1 of the hundred of the remuneration paid to them before deduction of taxes and social security contributions without a cost supplement and without the for wage loss on public holidays, the loss of work due to illness and the Holidays to be paid.
Intermediate masters, who are treated as persons employed in homework in accordance with Section 1 (2) (d) of the Home Labour Code, are entitled against their contracting authority to the amounts shown to be demonstrably paid by them in accordance with points 1 and 4.
The amounts referred to in points 1, 4 and 5 shall be shown separately in the document of payment.
By means of collective agreements it can be determined that home workers (Section 1 (1) (a) of the Home Labour Act), who are active only for a contracting authority and are treated in general terms as operating workers, leave for the general public Leave provisions for leave.
Sections 23 to 25, 27 and 28 shall apply to the amounts provided for in paragraphs 1, 4 and 5 and to the amounts provided for in paragraphs 1 and 4 of this Article, in addition to Article 21 (2) of the Home Labour Act. § 26 of the Heimarbeitsgesetz (Heimarbeitsgesetz) applies accordingly to the holiday claims of the foreign auxiliary staff of the persons referred to in point 4.
Unofficial table of contents

§ 13 Inaliability

(1) The above provisions, with the exception of § § 1, 2 and 3 (1), may be waived in collective agreements. The divergent provisions shall apply between non-tariff employers and employees where the application of the relevant collective leave arrangements is agreed between them. Moreover, apart from the second sentence of Article 7 (2), the provisions of this Act cannot be waived by the employee. (2) For the construction industry or other economic activities, in which as a result frequent changes in the position of the employees of the employees are In the case of work to be carried out, employment relationships of a shorter duration than one year may be deviated from the above provisions beyond the limit laid down in the first sentence of paragraph 1, by collective agreement, as far as this is necessary to secure a coherent annual leave for all employees is required. The second sentence of paragraph 1 shall apply. (3) For the area of Deutsche Bahn Aktiengesellschaft as well as one pursuant to § 2 (1) and § 3 (3) of the Deutsche Bahn Founding Act of 27 December 1993 (BGBl. I p. 2378, 2386) and for the area of the successor companies of the Deutsche Bundespost can be deviated from the provision relating to the calendar year as a holiday year (§ 1) in collective agreements. Unofficial table of contents

§ 14 Berlin-clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

Section 15 Amendment and repeal of laws

(1) The legal provisions of the Workplace Protection Act of 30 March 1957 (Federal Law Gazette) remain untouched. 293), as amended by the Law of 22 March 1962 (Bundesgesetzbl. 169), of the ninth book of the Social Code of the Youth Labour Protection Act of 9 August 1960 (Bundesgesetzbl. 665), as amended by the Law of 20 July 1962 (Bundesgesetzbl. 449), and the Maritime Labour Act of 20 April 2013 (BGBl. 868), however,
(a) and (b) ... (2) With the entry into force of this Act, the provisions of national law relating to recreational leave shall not apply. In force, however, the national provisions on holidays for victims of National Socialism and for those workers who are mentally or physically disabled in their capacity to work remain in force. Unofficial table of contents

Section 15a Transitional provision

If the worker is in a medical treatment or rehabilitation measure from one day after 9 December 1998 to 1 January 1999 or, in addition, in a measure of medical care or rehabilitation, the date on which it has been in force since 1 January 1999 shall be: the provisions of this Regulation, unless they are less favourable to the worker. Unofficial table of contents

Section 16 Entry into force

This Act shall enter into force with effect from 1 January 1963.